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PC 82-134r. RESOLUTIO:J N0. PC~32-13~~ A RESOLUT I OW OF THE A~lA~fE U1 C I TY PLA~It! I P!G COMH I SS 10?! THAT PGTITIO~~ FOR CO~dDIT17~AL U5~ PFRMIT N0. 2350 !3F GRA'ITf_~ WIIEREAS~ the Anaheim City Planning Commission di~i receivr a verified Petition for Conditional Use Permit from J. R. AIID Gf.?lEVA SCHQLZ, 9~0 West Jade Way, Anaheim, California, 92~05, owner, anci LYt~~I H. OLIVFR, 819 South Eucli~l Street, Anaheim, California 92502~ agent, of cr.rtain real prnperty situated in the City of Anaheim, County of Orange, State of California, dr_scrihed as: LOTS 231 AtJD 232 ONLY OF TRACT tJO. 2377, IN TIIE CITY OE A!IAHEIM, AS PER MAP RECORDED I.'~ aooK 75, PAGFS 29 70 35. IPICLUSI~IE OF I•115CELLAWEOUS MAPS~ IN THE OFFICE OF TIfE COU~ITY RECOP,~[R OF SAID COUrlTY. WtiEREAS, the City Planning Commission did schedulr. a public hearing at the City Hall in the City of Anaheim on June 23~ 1932, at 1:30 p.m., notice of said public hearing having been duly given as rr_quirrd by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1~3.03, to hear and cunstder evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeti~g of July 12~ 1932; and WHEREAS, said Commission after due tnspection, investigation anci study made by i[self and in its behalf, and after due consideration of ~11 evidence and reports offereJ at said hearing, does flnd and dr_ternine the following facts: 1. That tf~e proposed use is properly one for which a conditional usc: permit is authorized by Anaheim Municipal Code Section 1'i.4y,~50.~10 to arit to permit a cocktail lounge in the CG (Commercial, General) Zone. 2. That [lie proposed use is hereby granted sul~,ject to the oetitioner's stipuiation at tfie public hearing to installing 3" or 4" pipe posts filled with concrete on 6-foot centers and connected by chains or cable to form a barricade with a mtnimum heiglit of three (3) feet along ttie wes[ and north property lines to prohibit vehicular access to the alley. Said barrica~i~ shall be completed prior to the commencement of the activity for which this conditional use permit is granted. 3. That the proposed use is hereby granted sub.ject to the oetitioner's stipulation at tlie public hearing that the doors to the cocktall lounge shall remain closed during business hours. 4, That the proposed use will not adversely affect the adjoining land uses and the growth and Jevelopment of the area in which it is proposed to be located, 5. That the stze and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a mannr:r not detrtmental to the particular area nor to the peace. health~ safety, and gen~ral welfarr. of the CiN zens of the Ci[y of Anaheim. PC92-13li ; ~~^ 6. Tfiat the granting of the Conditional Use Permit under the conditions iinposed, if any, wili not be detrimental tc tlie peace, healtii, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon tlie streets and hic,'ways designed and improved to carry the traffic in the area, 8. That two persons indicated their presence at the June 28, 1q$2 publtc hearing in opposition; and one person indicated her presence at the Ju)y 12, 1gg2 public hearing; and that no corrnspondence was received in opposition to the subJect petition. EN~IIRONMENTAL IMPACT FINDING : That the Anaheim City Planning Commission has reviewed the proposal to permit a cocl;tail lounge in ihe CG (Commercial, General) Zone on a rectangularly-shaped parcel of land consisting of approximately 0,3 acre, having a frontage of approximately 129 feet on the west side of Euciid ~treet, and further described as 819 South Euclid Street; and does hereby approve the Negative Deciaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulattve adverse environmental impact due to the approval of this Negatlve Declarat(on since the Anaheim General Plan destgnates the sut~ject property for general commercial land uses conmensurate witli the proposal; tliat no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumuiative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOIJ, TIIEREFORE, BE IT R[SOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following condiCions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to E+-eserv~ the safety and general weifare of the Citizens of the City of Anaheim: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street al~ng Euclid Street for street widening purposes. 2. That the owner(s) of subject property shall pay to th~ City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Euclid Street. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree plant~ng purposes along Euclid Street. 4. That trash storage areas shall be provided in accordance with ap~roved plans on file with the Office of the Executive Director of Public ~dorks. 5. That subject property sahlt be developed substantially in accordance with plans and specifications on file with the City of Anaheim mari<ed Revision No. ], Exhibit Nos. 1 and 2; provided, however, that 3" or 4" pipe posts filled ~rith concrete on 6-foot centers and connected by chains shall be installed to form a barricade wlth a mirimum lieight o~' three (3) feet along tlie ~aest and north property lines to prohibit vehicular access to the alley. -2- PC32-t 31F °~€'st r- ~ 6. Tliat Condition tdos. 1, 2, 3 and 4, abovr_-mentioned, shall be complied with prior to tlie commrncement of the activity authorized under this resolution, or prior to the time that the buiiding permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 7. That Condition Nos. 4 and 5, above-mentioned, shall be complied with prior to final builcling and zoning tnspections. 8, That the doors to the cocktaii lounge shall remain closed during business hours. EiE IT FURTIIER R[SOLVED that the Anahetm City Pianning Commtssion does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance ~a(th each and all of the conditions hereinabove set forth. 5hould any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. TIIE FOREGOING RESOLUTIOtJ is signed and approved by roe this 12th day of July, 1982. ~ =.J- ° ~~"r''~~ "~., .~ ~~~~'~° HA I 1A , A~JAHE 111 C I TY PLANN'f ~JG COM~1 I SS I ON ATTEST: SECRETARY, AWAHEIM CIT PLANP~ING CQhIt~IISSIOtJ STATE OF CALIFORYIA ) COUIJTY OF ORANGE ) ss. CITY Of ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution vras passed and adopted at a meeting of the Anaheim City Planning Commission held on July 12, 1g92, by the followtng vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY~ HERBST, KiNG, ~1C BURPlEY NOES: COMMISSIONERS: tJONE ABSENT; COt1MISSIONERS: BARNES IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of July, 1982, _ ~ / ~ s- " ~~.~+v SECRETARY, Ar1AHEIM CITY PLANNING COPIMISSION -3- Pc82-134 ~ I~ ~ : ~. _ ... . . ._ , _. . .. . , ._ ... , :.,... ,. ~,,... .